P2P网络借贷监管的国际经验及对我国的借鉴

International Experience and Enlightenment for China on Peer-to-Peer Network Lending Supervision

伴随着我国P2P网络借贷行业的增长,由监管真空所导致的风险事件已引起了监管层的高度关注。我国P2P网络借贷存在的问题主要源于民间借贷的法律缺失,长期实施的机构监管模式以及金融约束政策,相对弱势的行为监管以及行业组织。在美国,原有制度较好地适应了对P2P网络借贷的监管,关注点较多体现在对于审慎监管与行为监管,以及对于市场效率与消费者保护之间的权衡,其将P2P网络借贷纳入证券监管框架的制度设计目前依然存在一定的争议;在英国,从"三方监管"向"双峰监管"架构的转变是当前P2P网络借贷监管体系形成的制度背景,因此其较为重视行为监管与消费者保护,行业自律在监管中发挥了极其重要作用,当前英国的P2P网络借贷监管体现出明显的从严趋势。

Along with the growth of China＇s Peer-to-Peer lending, risk event caused by the vacuum of supervision risk event has caused great concern to regulators. The problems of China＇s P2P lending mainly come from private lending legal deficien-cies, the long-term implementation of institutional supervision mode and the financial restraint policy and relatively weak be-havior supervision and industry groups. In the United States, the original system is better suited for P2P lending supervision, focus mainly on the prudential regulation and behavior regulation, as well as for the trade-off between market efficiency and consumer protection, the P2P credit into the system design of securities regulatory framework is still controversial; in the UK, from ＂ Triplet peaks＂ to ＂Twin peaks＂ architecture is the system background of the current P2P lending supervision system. So the more attention to the behavior regulation and consumer protection, industry self-regulation has played a very important role in the regulation of current P2P network lending regulation in Britain and showed obvious strictly trend.